Code of Alabama

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45-21-233
Section 45-21-233 Methods of service. (a) In the service of summons and complaints or subpoenas
requiring the attendance of witnesses in any civil, criminal, equity, or other case or proceeding
in either the small claims court, district court, or Circuit Court of Crenshaw County, whether
civil, criminal or juvenile, or before the grand jury, may, in addition to any other mode
of service provided by law or rule, be served by the sheriff or constable personally or by
leaving a copy thereof at the place of residence of the witness, or the sheriff may serve
the same by placing a copy thereof in the United States mail, certified, return receipt requested,
enclosing the subpoena in an envelope properly stamped and addressed to the person or witness
to be served. Upon service by the sheriff upon any witness or person by anyone of the foregoing
methods, provided in this section, the sheriff shall immediately mark the process executed.
If the subpoena so mailed is not delivered to the address...
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45-40-236
Section 45-40-236 Methods of service. (a) In the courts of Lawrence County a subpoena requiring
the attendance of a witness in any civil, criminal, or other case or proceeding, or before
the grand jury, may be served by the sheriff personally or by leaving a copy thereof at the
place of residence of the witness or in the discretion of the sheriff, the sheriff may serve
the same by placing a copy thereof in the United States mail, enclosing the subpoena in an
envelope properly stamped and addressed to the person or witness to be served. Upon service
by the sheriff upon any witness or person by any one of the foregoing methods, the sheriff
shall immediately mark the process executed in the manner so served. If the subpoena so mailed
is not delivered to the addressee, but is returned to the sheriff by the United States Post
Office Department, then the sheriff shall immediately make a diligent effort to serve the
subpoena either personally or by leaving a copy thereof at the place of...
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12-21-143
Section 12-21-143 Failure of witnesses to testify. (a) Any witness refusing to testify, unless
privileged by law from testifying in the case, must be committed to the jail of the county,
there to remain without bail until he consents to testify. (b) No witness so imprisoned shall
be discharged at the adjournment of the court, or afterwards, until he gives bond and surety
in an amount to be prescribed by the judge of such court, to be approved by the clerk of the
court, payable to the state and conditioned to appear at the next session and give evidence
in the case. (Code 1852, §§2309, 2310; Code 1867, §§2711, 2712; Code 1876, §§3066, 3067;
Code 1886, §§2799, 2800; Code 1896, §§1831, 1832; Code 1907, §§4028, 4029; Code 1923,
§§7742, 7743; Code 1940, T. 7, §§455, 456.)...
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15-12-5
Section 15-12-5 Determination of indigency and provision of defense services. (a) Judicial
role in determining indigency. The trial judge shall determine, in accordance with the policies
and procedures established by the Office of Indigent Defense Services, if a person in his
or her court is an indigent defendant, any time appropriate or necessary. Upon appeal from
the trial court to the state appellate court, the trial judge who presided over the proceedings
on appeal shall determine if the appellant is an indigent defendant in accordance with the
policies and procedures established by the Office of Indigent Defense Services. If an indigency
determination is necessary in any proceeding initiated originally in a state appellate court
, the presiding judge or chief justice of the appellate court shall determine if the appellant
or petitioner is an indigent defendant. (b) Criteria for determining indigency. In determining
indigency, the judge shall recognize ability to pay as a variable...
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15-15-20.1
Section 15-15-20.1 Non-capital felony offense. (a) In any criminal proceeding for a non-capital
felony offense commenced by complaint, the defendant may give written notice three days after
his or her arrest to a judge of the district or circuit court of the county having jurisdiction
of the offense charged that the defendant desires to plead guilty as charged or as a youthful
offender upon the granting of youthful offender status. (b) Upon receipt of the written notice
from the defendant stating his or her desire to plead guilty, the court shall direct the district
attorney to prefer and file an information against the defendant. The information shall be
made under oath of the district attorney or a witness, and shall accuse the defendant with
the same specificity as required in an indictment of the offense or offenses for which the
defendant is charged. This section shall not be construed to preclude the district attorney
from amending or dismissing a pending charge against a...
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16-22A-33
Section 16-22A-33 Submission of additional reports; suitability determination. Upon request
of the State Superintendent of Education, the Department of Public Safety shall request and
obtain nationwide criminal history background information reports from the Federal Bureau
of Investigation and statewide criminal history background information reports from the Alabama
Bureau of Investigation for each current public certified employee and current public noncertified
employee within a reasonable time after receipt of the request. Within a reasonable time after
receipt of the reports, the Department of Public Safety shall submit both the nationwide and
statewide criminal history background information reports directly to the State Department
of Education. (1) If the criminal history background information reports pertain to a current
public certified employee, the State Superintendent of Education shall review the criminal
history record information reports and make a diligent effort to...
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27-2-26
Section 27-2-26 Witnesses and evidence for examination, investigation or hearing - Generally.
(a) As to the subject of any examination, investigation, or hearing being conducted by him,
the commissioner may subpoena witnesses and administer oaths or affirmations and examine any
individual under oath or take depositions and, by subpoena duces tecum, may require and compel
the production of records, books, files, documents, and other evidence. (b) Witness fees and
mileage, if claimed, shall be allowed the same as for testimony in a circuit court. Witness
fees, mileage, and the actual expense necessarily incurred in securing attendance of witnesses
and their testimony shall be itemized and shall be paid by the person being examined if in
the proceedings in which such witness is called such person is found to have been in violation
of the law or by the person, if other than the commissioner, at whose request the hearing
is held. (c) Subpoenas of witnesses shall be served in the same manner...
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45-27-60.12
Section 45-27-60.12 Death investigation reports. The county medical examiner shall maintain
the reports of death investigations conducted by the Escambia County Medical Examiner and
a copy shall be forwarded to the Region IV Laboratory of the Alabama Department of Forensic
Sciences. These reports, or true copies thereof duly certified by the county medical examiner
or the director of the department, are admissible in evidence in any court in Escambia County,
with or without testimony by the county medical examiner or Department of Forensic Sciences
officials, provided, any person preparing a report given in evidence pursuant to this article
may be summoned as a witness in any civil or criminal case by either party to the cause. (Act
97-571, p. 1010, §13.)...
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12-19-150
Section 12-19-150 Legislative intent; assessment of fees in criminal cases; submission of cost
bill by municipal or district court clerk and making of final assessment of costs in circuit
court upon appeals from municipal or district courts to circuit courts. (a) It is hereby declared
to be the policy of the state that docket fees and other court costs in criminal cases shall
generally be assessed only upon conviction. It is further declared to be the policy of the
state that a creditor shall not use the criminal process in order to collect civil debts.
The state does recognize that situations will arise from time to time wherein justice may
best be served by allowing a judge to enter an order dismissing a case upon the payment of
costs by the defendant or by the complainant where the judge has determined that the criminal
process has been abused. (b) Docket fees and other court costs in criminal cases shall be
assessed upon conviction; provided that, in the interest of justice,...
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13A-10-120
Section 13A-10-120 Definitions. (a) The definitions in Sections 13A-10-1, 13A-10-60 and 13A-10-100
are applicable in this article unless the context otherwise requires. (b) The following definitions
are also applicable in this article: (1) JUROR. Any person who is a member of any jury, including
a grand jury, impaneled by any court of this state or by any public servant authorized by
law to impanel a jury. The term juror also includes any person who has been summoned or whose
name has been drawn to attend as a prospective juror. (2) TESTIMONY. Such term includes oral
or written statements, documents or any other material that may be offered as evidence in
an official proceeding. (Acts 1977, No. 607, p. 812, §5001.)...
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